MP Freedom Of Religion Ordinance: High Court Grants Pre-Arrest Bail To Catholic Nun/School Principal Accused Of Attempting To Convert Hindu Woman

The Bench of Justice Atul Shreedharan was hearing the pre-areest bail plea of Sister Bhagya who was apprehending her arrest in connection with a case registered for the offences punishable under Sections 3 and 5 of the Madhya Pradesh Freedom of Religion Ordinance, 2020.

Facts of the Case

The applicant is the Principal of the Sacred Heart Convent High School, Khajuraho, district Chhatarpur. She has been booked under sections 3 and 5 of the Madhya Pradesh Freedom of Religion Ordinance, 2020.

The allegation against her is that she attempted to convert a former staff member who functioned as an Assistant Librarian in the said school and whose services were terminated subsequently on account of poor performance.

It has been alleged by the complainant that her husband, who was ailing with a mental disorder, was promised to be cured by the applicant herein if the complainant and her family got converted to Christianity.

It was also stated in the FIR that she (the applicant) had given the allurement that the Christian God is greater than the Hindu God.

On the other hand, the counsel for the applicant submitted that the complaint is false and registered only out of a sense of frustration experienced by the complainant on account of her being terminated from the service of the Convent.

In this regard, Counsel for the applicant drew the attention of the court to a complaint preferred by the Principal addressed to the SDM.

In the said complaint, the applicant had stated that the complainant was terminated from the services of school on account of her poor performance and lack of documents and that she is giving threats of committing self-immolation if she is not reinstated on her job.

Provisions involved

Section 3 of the Ordinance provides that no person shall convert or attempt to convert, either directly or otherwise, any other person by use of misrepresentation, allurement, use of threat or force, undue influence, coercion, marriage or any fraudulent means nor shall any person abet or conspire such conversion:

Also, if anyone converts in contravention of this provision, then such conversion shall be deemed null and void. [Section 3]

Section 5 of the Act provides for punishment for contravention of Section 3 of the Ordinance.

This Section states that if any person contravenes the provisions under Section 3 then that person shall be punished with imprisonment for a term, which shall not be less than one year but which may extend to five years and shall also be liable to fine (not less than rupees 25,000).

For more details about the Ordinance, click here:

Court's order

Having heard both the parties, the Court ordered that till the next date of hearing, the applicant be enlarged upon temporary bail upon her furnishing a personal bond in the sum of Rs.10,000/- with one solvent surety in the like amount to the satisfaction of the Police Officer competent to arrest.

She has been asked to join the investigation as and when required by the police. The matter has now been posted for further hearing on 07^th April and the objector has been granted the liberty to file written objections in the case.

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